All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants 1) The sentence of the lower court (one year of imprisonment) against Defendant A is too unreasonable.

2) The lower court’s punishment against Defendant B (an amount of KRW 15 million) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.

2. Determination

A. On the part of the Defendants’ assertion, the lower court sentenced the above punishment by taking account of the circumstances favorable to the Defendant’s recognition of and reflect on the instant crime, the primary offender, and deposited 80,000 won against the victimized children, etc., under the circumstances where: (a) the nature of the crime of abuse committed by the Defendant was extremely poor; (b) the victimized children and their families seem to have suffered considerable mental pain until now; and (c) the victim did not reach an agreement with the victim; and (d) the above punishment was imposed.

In full view of the Defendant’s age, sexual conduct, environment, health, circumstances leading to a crime, means and result, scale of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court appears to be appropriate, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendant’s age, sexual conduct, environment, health, circumstances leading to the crime, means and consequence, which may be known through records and pleadings; and (b) the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

2) The lower court, even though the Defendant was the head of a child-care center, failed to prevent the instant child abuse by neglecting the management and supervision over A several times, and thus, the nature of the crime is not somewhat weak.